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G.R. No. 255864. July 06, 2022
G.R. No. 255864. July 06, 2022
D E C I S I O N
ThisCourtresolvesUniversalRobinaCorporation's(URC)PetitionforReviewonCertiorari[1] assailing
the Court of Appeals' (CA) September 15, 2020 Decision[2] and February 8, 2021 Resolution[3] in
CA-G.R.SPNo.155421,whichreversedtheNationalLaborRelationsCommission's(NLRC)December
29, 2017 Decision[4] and January 31, 2018 Resolution[5] inNLRCLACNo.12-003716-17/NLCRNCR
Case No. 05-07755-17, finding respondent Roberto De Guzman Maglalang's (Roberto) dismissal valid.
Facts of the Case
In his complaint, Roberto alleged thathestartedworkingasURC'smachineoperatoronNovember17,
1997. On March 26, 2015, he went to the parking lot to clean his motorcycle seat using the alcohol
providedbythecompanyfortheemployees'usewithinthecompanypremises.Afterward,hesubmitteda
bag for inspection before going home. The security guard noticed a bottle. Roberto realized that the
alcoholwasstillinhisbag.Robertopanickedandthrewthebottleawaybeforethesecurityguardcould
retrieve it. When the security guard recovered the bottle, he discovered that it contained ethyl alcohol
belongingtothecompany.Robertowasbroughttothepolicestationforinvestigation.Thefollowingday,
hewascriminallychargedwithqualifiedtheft.Hewasdetainedatthepolicestationforfivedaysandwas
placed under preventive suspension for 30 days, which was extended for another 30 days.[6]
OnMarch27,2015,URCissuedaNoticetoExplain,informingRobertoofthecharges[7] againsthimand
giving him five days to submit a written explanation. Roberto submitted a written explanation to the
union, but URC refused to accept it. He also asked for the union's help to be reinstated, but to no avail.[8]
For its part, URC alleged that Robertofailedtosubmitawrittenexplanation,sotheygavehimanother
opportunity to present hisside.[9] InanadministrativehearingheldonApril27,2015,Robertoadmitted
that he took the bottle but denied stealing it. URC was not convinced. Thus, on May 14, 2015, URC
issued a Notice of Termination.[10]
URCaddedthatduringthependencyofthecriminalcase,theyreceivedvariousapologyletterswithpleas
for the withdrawal of the criminal case and reinstatement from Roberto. On July 15, 2016,theparties
enteredintoacompromiseagreementwhereintheyagreedtowaiveanyandallclaimsorcauseofactions
that they may have against one another, given URC's withdrawal of the criminal case. However,URC
denied Roberto's request for reinstatement and payment of money claims. On August 23, 2016, the
criminal case against Roberto was dismissed. But then, Roberto filed an illegal dismissal case against
URC.[11]
On September 29, 2017, the Labor Arbiter (LA) dismissed the case for lack of merit. The LA found
Robertoguiltyofseriousmisconductfortheftofcompanyproperty.TheLAorderedURCtopayRoberto
P12,939.81, representing the balance of his money claims,[12] thus:
WHEREFORE, premises considered, the complaint for illegal dismissal is DISMISSED for lack of merit.
However, respondent [URC]isorderedtopaycomplainant[P]12,939.81representingthebalanceofhis
money claims, after deducting government loans in the amountof[P]13,843.50and[P]15,249.66from
Pag-ibig and SSS, respectively.
SO ORDERED.[13]
InaDecision[14] datedDecember29,2017,theNLRCupheldtheLA'sfindingsthatRobertowasvalidly
dismissed for committing serious misconduct.
Unable to secure a reconsideration,[15] Roberto filed a petition forcertiorariwiththeCA.[16] Heargued
that the NLRC committed grave abuse of discretion when it dismissed his complaint for illegal dismissal.
On September 15, 2020, the CA issued a Decision[17] findingthatRobertowasillegallydismissed.The
CA ruled that Roberto was only guilty of simple misconduct because URC recovered the bottle of
alcohol,anditsvaluewasonlyP60.00.Robertowasalsonotguiltyofwillfulbreachoftrustbecausehe
was not occupying a position of trust and confidence. With this, the penalty of dismissal was not
commensurate with the misconduct. However, since reinstatement was no longer possible because of
strained relations between the parties, the CA granted Roberto separation pay in lieu ofreinstatement,
with backwages.[18] The dispositive part of the CA'sDecision reads:
WHEREFORE,premisesconsidered,thePetitionisGRANTED.TheDecisionandResolutiondated29
December 2017 and 19 February 2018,respectively,ofthe[NLRC],SixthDivisioninNLRCLACNo.
12-003716-17 / RAB Case No. 05-07755-17 are REVERSED and SET ASIDE. A new judgment is
ENTERED finding [Roberto] as illegally dismissed from his employmentby[URC].Furthermore,the
[LA] of origin isDIRECTEDto compute the followingwith dispatch:
1. [Roberto's]backwagesfromthetimehissalarywaswithheldon26March2015uptothedateof
finality of this Decision;
2. [Roberto's]separationpayfromthedatehewasemployedon17November1997uptothedateof
finality of this Decision.
[URC] is also ordered to pay [Roberto] attorney's fees equivalent to 10% ofthetotalmonetaryaward.
Furthermore, the total monetary award shall earn legal interest at the rate of 6% from the date of the
finality of this Decision until fully paid.
SO ORDERED.[19]
URC moved for reconsideration, but the CA denied it in a February 8, 2021 Resolution.[20]
Hence, this petition.
Parties' Arguments
URCinsiststhatRobertowasvalidlydismissedbecausetheftofcompanypropertyisseriousmisconduct.
Roberto's length of service, the value of the item, and itsrecoverydoesnotdecreasethegravityofthe
offense. His actions manifest his inexcusable irresponsibility and expose his depravity and scorn for
disciplinary rules. These caused damage to URC's interest and constituted a willful breach of trust.
Besides, the compromise agreement bars Roberto from filing any claim arising from his act of theft.
Hence, he is not entitled to separation pay, backwages, and attorney's fees.[21]
As a defense, Roberto avers that his misconductisnotseriousbecausetheitemonlycostsP60.00,and
URC was able to recover it from him. He maintains that he does not occupy a position of trust and
confidence.Robertoalsoarguesthatthecompromiseagreementdoesnotprecludehimfromfilingalabor
case against URC because it only pertains to the crime of theft and has nothing to do with his
employment. For these reasons, he was illegally dismissed. Thus, he is entitled to his money claims.[22]
Court's Ruling
The petition is partly meritorious.
The Rules of Court provides that a review under Rule 45 is a matter ofjudicialdiscretionandwillbe
granted only when there are special and important reasons. In Miro v. Vda. de Erederos,[23] the Court
identifiedtheparametersofajudicialreviewunderRule45,i.e.,limitationsonquestionsoflawanderrors
oftheappellatecourt.[24] Acasepresentsaquestionoflawwhenthereisdoubtastowhatthelawisona
certain state of facts. In other words, "[t]he resolution of the issue must rest solely on what the law
providesonthegivensetofcircumstances."[25] Here,thefactsarenotdisputed.Assuch,theCourtisonly
confrontedwiththeissueofwhetherthevalueofthecompanypropertystolen,damagetothecompany,
and employee's length of service may be considered in determining the gravity of the misconduct
committed.
Unquestionably, employers have the right to discipline and terminate their employees.[26]
Article 297 [282] of the Labor Code provides the just causes for dismissal of employees, thus:
ART.297.[282]TerminationbyEmployer.—Anemployermayterminateanemploymentforanyofthe
following causes:
(a)Seriousmisconductorwillfuldisobediencebytheemployeeofthelawfulordersofhisemployer
or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in himbyhisemployerorduly
authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing. (Emphasis supplied)
Fraud or willful breachbytheemployeeofthetrustreposedinhimbyhisemployerordulyauthorized
representative.
"Misconductisxxximproperorwrongconduct.Itisthetransgressionofsomeestablishedanddefinite
ruleofaction,aforbiddenact,[orawillful]derelictionofduty,xxxandimpliesawrongfulintent[.]"[27]
Tobeajustcausefordismissal,"(a)themisconductmustbeserious;(b)itmustrelatetotheperformance
of the employee's duties showing that the employee has become unfit to continue working for the
employer;and(c)itmusthavebeenperformedwithwrongfulintent."[28] Ontheotherhand,lossoftrust
and confidence can be a ground for dismissal when:
(1) the employee concerned must be holding a position of trust and confidence; and
[1]
Rollo, pp. 10-46.
[2]
Id.at52-62.PennedbyAssociateJusticeRonaldoRobertoB.MartinwiththeconcurrenceofAssociate
Justices Manuel M. Barrios and Tita Marilyn B. Payoyo-Villordon.
[3]
Id.at 63-64.
[4]
Id.at 271-279.
[5]
Id.at 293-295.
[6]
Id.at 53-54.
[7]
TheftunderSection1.01oftheCompany'sOffensesSubjecttoDisciplinaryAction(OSDA)orCodeof
Discipline,id.at 54.
[8]
Id.at 53-54.
[9]
Id.at 54-55.
[10]
Id.at 228.
[11]
Id.at 55.
[12]
Id. at 226-232.TheDecisioninNLRC-NCR-CaseNo.05-07755-17waspennedbyPresidingLabor
Arbiter Rosalina Maria O. Apita-Battung.
[13]
Id.at 232.
[14]
Id.at 271-279. Docketed as NLRC LAC No. 12-003716-17/NLRCNCR Case No. 05-07755-17.
[15]
NLRC Resolution dated January 31, 2018,id.at293-295.
[16]
Id.at 52.
[17]
Id.at 52-62.
[18]
Id.at 60.
[19]
Id.at 61-62.
[20]
Id.at 63-64.
[21]
Id.at 22-44.
[22]
Id.at 947-950; and 954-956.
[23]
721 Phil. 772 (2013).
[24]
Id.at 785-788.
[25]
Century Iron Works, Inc. et al. v. Bañas,711Phil. 576, 585-586 (2013).
[26]
SeeSt. Luke's Medical Center, Inc. v. Sanchez,755 Phil. 910, 922-923 (2015).
[27]
Adamson University Faculty and Employee Union v. Adamson University, G.R. No. 227070,
March 9, 2020, <https://elibrary.judiciary.gov.ph/thebookshelf/docmonth/Mar/2020/1>.
[28]
Sterling Paper Products Enterprises, Inc. v.KMM-Katipunan, 815 Phil. 425, 436 (2017).
[29]
Cadavas v. CA, et al.G.R. No. 228765,March20, 2019, <https://sc.judiciary.gov.ph/2902/>.
[30]
Holcim Phils., Inc. v. Obra, 792 Phil. 594, 604(2016).
[31]
156 Phil. 489 (1974).
[32]
Id.at 493-494.
[33]
232 Phil. 201 (1987).
[34]
Id.at 206-207.
[35]
257 Phil. 301 (1989).
[36]
Id.at 310.
[37]
Cited inPhilippine Airlines, Inc. v. Air LinesEmployees Association, 57 SCRA 489 (1974).
[38]
316 Phil. 335 (1995).
[39]
Id.at 344.
[40]
641 Phil. 300 (2010).
[41]
Id.at 310.
[42]
Id.at 311-313.
[43]
Supranote 30.
[44]
Seesupraat 604.
[45]
Supranote 35 at 307-308; andsupranote 38 at340.
[46]
629 Phil. 247 (2010).
[47]
Supranote 30 at 607.
[48]
Supranote 40 at 311-312.
[49]
Rollo, p. 955.
[50]
Fernandez v. Manila Electric Company (Meralco),834 Phil. 137, 147 (2018).
[51]
Verizon Communications Philippines, Inc. v. Margin, G.R. No. 216599, September 16, 2020.
<h ttps://elibrary.judiciary.gov.ph/thebookshelf/docmonth/Sep/2020/1>.
[52]
Supranote 50 at 148.
[53]
Supranote 51.
[54]
PhilippineAirlines,Inc.v.NLRC,648Phil.238,366(2010);PepsiColaProductsPhilippines,Inc.
v. Santos, 574 Phil. 400, 408 (2008); andPascua v.NLRC (Third Div.), 351 Phil. 48, 74-75 (1998).
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